How to Fight a Cell Phone Ticket?

This is a multi-faceted answer that depends on the circumstances of your case. There are two basic ways to handle a New York cell phone ticket: at trial, or via a plea bargain settlement. In general, if a cell phone ticket can be negotiated down to a 0-point parking ticket, we would advise our client to take it. Though a fine of up to $150 will be assessed, it is a small price to pay to prevent points from accruing on the person’s driving record.

How to Beat a Cell Phone Ticket in New York

There are a few ways you can beat a New York cell phone ticket: None of them very promising Taking the ticket to trial and being found “not guilty” by the judge via a motion to dismiss (if there are certain errors that make the ticket legally defective or insufficient, for example) If you schedule it for trial and the officer doesn’t show and the judge decides to dismiss the case for lack of prosecution.

The first way can be a real long shot because if the facts are in dispute and especially if it’s your word against the officer’s word, most of the time the judge will accept the officer’s word over yours.

The second way is not very dependable since most tickets are accurately written or contain minor defects that don’t render the ticket invalid.

The third way is a long shot because even if the officer fails to show, the judge can, and most likely will, reschedule the trial.

If you hold a New York State driver’s license and were to be convicted of driving while using a cell phone or texting while driving, NY DMV will add 5 points to your driver’s license. As you already know, points on your license can lead to increased auto insurance and ultimately to a license suspension if you accrue 11 points within 18 months. What you may not know is that you can fight your cell phone ticket – and beat it, or get it reduced.

Out-Of-State Resident with a Cell Phone Conviction in New York

Even if you do not live in New York State, New York will create a driving record based on your name, date of birth, and mailing address and points for violations that you have been convicted of in New York will add up. If you get 11 points in New York State within 18 months, you will lose your right to drive in New York State regardless of whether you hold a New York license or a driver’s license from another state. Not only that, chances are a cell phone ticket conviction in New York will appear on your home state’s driver’s license. If your home state assesses points like New York does, points will accrue and you can be looking at an auto insurance hike and a license suspension if you accrue enough points.